Loading...
Ordinance 2017-21 ORDINANCE NO. 17- 21 AN ORDINANCE AMENDING ORDINANCE 89-05 AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING A COUNTY- INITIATED AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO UPDATE AND CLARIFY TEXT, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130002637/CPSP-2013-11] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared an amendment to the Capital Improvement Element of the Growth Management Plan; and WHEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Economic Opportunity for preliminary review on December 21, 2016, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendment to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendment and [15-CMP-00954/1336391/1]419 Page 1 PL20130002637/CPSP-2013-11 5/2/17 other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on April 20, 2017, and the Collier County Board of County Commissioners held on June 13, 2017; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Capital Improvement Element of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [15-CMP-00954/1336391/1]419 Page 2 PL20130002637/CPSP-2013-11 5/2/17 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 12.,44 day of • a v1 J , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. B OCK `CLERK COLLI R TY, FLORIDA ®ij' i N� BY: / /4.IAd ..iii—, .1 Deputy C3er `1 PENN,' A YLOR, Orman Attest as to Chairman signature only Appr ved as to form and legality: ..\ C.—)-jV '4----------- G Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A-Capital Improvement Element This ordinance filed with the Secretary of State's Office the 2O� %day of ,One- , -1-4:1-7-- and acknowledgement of that filin• received this day of , 'fi o.ou y I '1► [15-CMP-00954/1336391/1]419 Page 3 PL20130002637/CP5P-2013-11 5/2/17 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17 PL20130002637/CPSP-2013-11 EXHIBIT "A" CAPITAL IMPROVEMENT ELEMENT (CIE) Update and make current the Table of Contents, along with corresponding titles, heading and other entries-inside and between Elements-to maximize internal consistency. Policy 1.1: [Revised text, page 2] The County shall establish standards for levels of service (LOS)for public facilities, as follows: *** * * *** *** *** text break *** *** *** *** *** Policy 1.5: The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break ''' *** *** *** *** D. County Potable Water Systems: [Revised text, page 6] County Water District = 170 150 gallons per capita per day (gpcd) E. County Sanitary Sewer-Wastewater Treatment Systems: [Revised text, page 7] North Sewer Wastewater Treatment Service Area = 120 100 gallons per capita per day (qpcd) South Sewer Wastewater Treatment Service Area = 100 gallons per capita per day (qpcd) Southeast Sewer Service Area - 120 gallons per capita per day Northeast Sewer Service Area - 120 gallons per capita per day *** *** *** *** *** text break *** *** *** * * *** Policy 4.1: [Revised text, page 10] The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be reviewed and updated annually and may also be modified as follows: A. -- - - -- — - - - , _ - - _ • _ , -- --- - - -- - - - - .._- may be amended two times during any __ - __ _ , . 'e - _ _ _ _ -••- _- _ , B Pursuant to Florida Statutes, 163.3177, the Schedule of Capital Improvements may be adjusted modified by ordinance not deemed to be an amendment to the Growth Management Plan fec corrections, updates, and modifications concerning costs; revenue sources; or acceptance of Policy 4.2: [Revised text, page 10] By December 1 of each year, tThe County shall adopt, by reference, into its Capital Improvement Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan and the District Facilities Work Program in order to achieve and maintain the adopted level of service standards for Public School Facilities. The School District Five-Year Capital Improvement Plan shall identify identifies the financially feasible school facility capacity projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program, prepared by the School District pursuant to Section 1013.35(1)(b), F.S., shall-be is adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan. Adoption by the County, of the School District's Capital Improvement Plan and the District Facilities Work Program shall occur, without requiring separate action, with approval of the District School Board annual update to the Schedule of Capital Improvements of this o€-Collier FINAL Words underlined are added;words struck through are deleted. 1 Page„1....ofJL Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT-Adoption Final 6/13/17 -e- • --e. _ • _ _ .•-- _ - Element. FY 15 34, approved on May 13, 2011; and, the District *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: (CONCURRENCY MANAGEMENT) [Revised text, page 12] Ensure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development through a Concurrency Management System. Policy 5.0:1: [Renumbered text only, page 12] Policy 5.0:2: [Renumbered text only, page 12] Policy 5.4 3: [Renumbered text only, page 12] Policy 5.2 4: [Renumbered text only, page 12] A. Compliance with any one of the standards set forth in Policy 54 5_3 A, B and C is met; or Policy 5.3 5: [Renumbered text only, page 13] Policy 5.4 6: [Renumbered text only, page 13] Policy 5.5 7: [Renumbered text only, page 14] *** *** *** *** *** text break *** *** *** *** *** Policy 5.2 4: [Revised text, page 12] *** *** *** *** *** text break *** *** *** *** *** A. Compliance with any one of the standards set forth in Policy 54 5_3 A, B and C is met; or *** *** *** *** *** text break *** *** *** *** *** Policy 5.2 5: [Revised text, page 13] *** *** *** *** *** text break *** *** *** *** *** D. The necessary facilities and services are under construction or under contract pursuant to a FDOT 5-Year Work Program and are consistent with the Collier County 2025 2040 Long Range Needs Plan or the 2030 2040 Long Range Transportation Plan (LRTP), as adopted by the Collier County Metropolitan Planning Organization (MPO); or *** *** *** *** *** text break *** *** *** *** *** Footnotes [Revised text, page 23] These footnotes provide brief explanations of revenue sources and their acronyms found in the Schedule of Capital Improvements, and where to find related supporting data & analysis. 1. Note: Impact Fee (IF) revenues are projected from actual historical revenue and current permitting activity and forecasts. Impact fees and other sources may yield Interest (IN) revenues. Refer to Appendix "I". Certain impact fees are referenced with direct connection to facility type, such as Water Impact Fees (WIF) or Sewer Wastewater Impact Fees (SIF) and may be termed System Development fees. Water and sewer impact fees are also projected based on population projections prepared by the Comprehensive Planning Department Section. Deferred Impact Fees (DIF) may generate revenue. 2. Note: Grant and Reimbursement (GR) revenues are based on project-specific funding agreements with the State of Florida, South Florida Water Management District or other agency. Refer to Appendix "I". FINAL Words underlined are added;words struck-tthfeug4 are deleted. 2 Page Z Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17 3. Note: Developer Contribution Agreement (DCA) or advanced reimbursement revenues are based on a project-specific agreement with an active developer doing business in Collier County. 4. Note: Certificate of Adequacy (COA) revenues are projected from historical revenue information. 5. Note: Gas Tax (GA) revenues are projected from historical revenue information. Gas taxes may yield Interest(IN) revenues. Refer to Appendix "I" 6. Note: Ave Maria (AV) revenues are based on a project-specific Developer Contribution Agreement (DCA) with Ave Maria Development, LLP. Refer to Appendix "I". 7. Note: Carry Forward (CF)Available Cash (AC) (also known as Carry Forward or Beginning Cash) revenues are based on a combination of encumbered and unencumbered funds from prior years that will continue to rollover until they are spent on projects or payment of debt service. 8. Note: Transfer(TR) revenue is money coming in from another fund, and is projected from historical information. Value may be added through commitments and leases. Refer to Appendix "I". 9. Note: General Fund (GF)revenues are projected from historical revenue information. General Fund (001) revenues derive principally from ad valorem taxes levied on properties Countywide, intergovernmental revenues (i.e., Sales Tax and Revenue Sharing), charges for services, interest, and transfers from other funds and Constitutional Officers. MSTU General Fund — Unincorporated Areas Fund (111) revenues derive principally from ad valorem taxes levied on properties in the unincorporated areas of the County, intergovernmental revenues (i.e., Communications Tax), charges for services, interest, and transfers from other funds. Refer to Appendix "I". 10. Note: Revenue Rescrvc Reduction (RR) revenues are based on a percentage of total new revenue., as required by law, Chapter 129, Florida Statutes. Refer to Appendix "I". 11. Note: Revenue Bond Financing (B) or Bond Proceeds (revenue) are usually received as a lump sum but occasionally can be received in installments, and are not based on historical revenues. In some instances, this item is actually shown as an expense for bond debt service payments, and in other instances, this item shows bond revenue proceeds. Revenue bond covenants and commercial paper documentation are voluminous and do not appear in support documents. The pertinent information is however provided in the Consulting Engineering and Financial Feasibility Report, dated October 25, 2006, and appears in Appendix "I". 12. Note: Capital Account (CA) revenues are projected based on the capital projects spending needs. Refer to Appendix"I". Certain capital accounts are referenced with direct connection to facility type, such as Water Capital Accounts (WCA) and Sewer Wastewater Capital Accounts (SCA). 13. Note: User Fee (UF) revenues are projected from historical revenue information. Refer to Appendix "I". Certain user fees are referenced with direct connection to the user under contract, such as Landfill Tipping Fees (LTF). 14. Note: Community Redevelopment Area (CRA) or Municipal Service Taxing Unit (MSTU) revenues are projected from historical revenue information. 15. Note: State Revolving Fund Loan (SRF) revenues are received in installments during the course of a project. Refer to Appendix "I". 16. Note: Commercial Paper (LOC) or local financial institution loan revenue is short-term borrowing usually meant for funding projects underway until such time another funding source is received. These revenues may derive from obligated return on additional senior liens. Commercial paper documentation and revenue bond covenants are voluminous and do not appear in support documents. The pertinent information is however provided in the Consulting Engineering and Financial Feasibility Report, dated October 25, 2006, and appears in Appendix "I". FINAL Words underlined are added;words struck through are deleted. 3 rage 3 of 4 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17 17. Note: Rate Revenue (REV) revenues are based on historical revenue information combined with the projection of volume change and revenue requirement projections. Refer to Appendix "I". 18. Note: Additional Roll Forward (ARF) revenues are cash reserves intended for, but previously unspent on, future projects or payment of debt service. *** *** *** *** *** text break *** *** *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] *** *** *** *** *** text break *** *** *** *** *** 6.C. ... the requirements of Policies 5.4 3, 5.2 4, 5.3 5 and 5.4 6 of this Element. PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements—as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. FINAL Words underlined are added;words struck through are deleted. 4 Page 4 of,.,.�., •, THE:_"F . n Ia(D"'.al.r FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 20, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 17-21, which was filed in this office on June 20, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us